Any distinctive device, monograms, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof, sound marks when represented in conventional notation or described in words by being graphically represented.

Not available. However, Intellectual Property Appellate Board (IPAB) is available to hear appeal against decision made by Intellectual Property Office.

Outline of Enforcement Steps

CivilInfringement pursuant to the Trade Marks Act, 1999
Passing-offQuasi-Criminal
Falsifying and false application of a trademark(Counterfeiting)
False application of trade description
Sale, exposure and possession for sale of counterfeit goods or services
False representation of a mark as a registered mark

Relief against groundless threats

Available (Summary Judgment)

Declaration of non-infringement

Not available

Preliminary injunctions

Available

Time frame for various legal actions

12 to 36 months

Alternative Dispute Resolution

Arbitration
Conciliation

Availability of damages and other relief for infringement

As per below

Civil remedies

Interlocutory / permanent injunction
Damages or account of profits in lieu of damages
Order for delivery-up of infringing labels and marks for destruction or erasure

Criminal Sanctions

For Falsifying/false application of trademark or trade description or for sale, etc. of counterfeit goodsMinimum imprisonment for 6 months term, extendable up to 3 years with a minimum fine go RS. 50,000 (USA 1110) extendable up to Rs. 200,000 (USD 4450)False representation of a mark as a registered trademarkImprisonment up to 3 years or monetary fine or both

Others

Enhanced penalty on second or subsequent conviction which include imprisonment and fine